Abdul Hadi Siddiqui vs Lalit Narayan Mithila University
2023 Latest Caselaw 902 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.13858 of 2022

     ======================================================

Abdul Hadi Siddiqui, Son of Abdulahad, Resident of Village- Imli Bazar, Post Office- Lalbagh, Police Station- Laheriasarai, District- Darbhanga.

... ... Petitioner/s Versus

1. Lalit Narayan Mithila University, through the registrar, Kameshwar Nagar, Darbhanga.

2. The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

3. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

... ... Respondent/s

====================================================== Appearance :

For the Petitioner/s : Mr. Sarva Deo Singh, Advocate Mr. Sanjay Kumar, Advocate For the LNMU : Ms. Binita Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL JUDGMENT Date : 23-02-2023

The petitioner by way of this writ petition has assailed

the letter dated 12th May 2022 passed by the Registrar whereby

the order passed by him on the directions of the Vice Chancellor

dated 16.04.2022 has been kept in abeyance.

2. Learned counsel for the petitioner submits that

there was no authority available with the Vice Chancellor to

review its earlier order dated 16.04.2022 or to recall the said Patna High Court CWJC No.13858 of 2022 dt.23-02-2023

order.Learned counsel submits that the letter dated 12.05.2022

has been passed for extraneous reasons and considerations and

the order of keeping in abeyance suffers from mala fide. It is

further submitted that as per the Statute and Act, the Vice

Chancellor could have stayed/recalled his earlier order only

upon receiving directions from the Chancellor. He further

submits that once the Chancellor has been informed about the

approval by the Vice Chancellor, it is the Chancellor alone who

can direct for recalling of the said order or keeping that order in

abeyance.

3. I have considered the submissions made on behalf

of the parties. It is the settled law that in administrative actions,

the authority which has the power to issue an order also has the

power to recall it or keep the same in abeyance.

4. In the present case, as observed from the impugned

order dated 12.05.2022, it is apparent that some complaints have

been received about the verification of facts relating to the

concerned teachers and, therefore, the Vice Chancellor through

the Registrar has directed the Principal of the college to provide

a list of documents as mentioned in the said letter dated

12.05.2022 which includes documents relating to post

sanctioned by the University, method of appointment of teachers Patna High Court CWJC No.13858 of 2022 dt.23-02-2023

against the sanctioned post and the constitution of the selection

committee, eligibility, other qualification of the candidate has

been called for. A copy of the minutes of the selection

committee for all the subjects has also been called for.

5. Asking for such documents, cannot draw inference

of malice or bias on part of the Vice-Chancellor and his action is

found to be in consonance with the law.

6. This Court is satisfied that the teachers who are

performing the duties of an Associate Professor in a college

should not be kept in confusion and they should be informed

appropriately about their service conditions. Their appointment

was already approved by the Vice Chancellor earlier on

16.04.2022 which has been kept in abeyance and made subject

to proper verification of necessary facts. Such proper

verification of necessary facts, in the ordinary course, should

have been done before passing the order dated 16.04.2022.

7. However, if the said exercise is being done now, no

exception can be made to such course of action. However, it is

directed that such exercise of verification should be completed

within a stipulated period, preferably, within three months

whereafter the amount of grant lying with the University shall

be disbursed to the petitioners.

Patna High Court CWJC No.13858 of 2022 dt.23-02-2023

8. It is made clear that no further time shall be granted

to the authorities for the said purpose.

9.The writ petition is, accordingly, disposed of.

(Sanjeev Prakash Sharma, J)

Ashwini/-

Item No.27

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          25.02.2023
Transmission Date       NA